Zimbabwe promises respect for human rights

When Justice and Legal Affairs Minister, Patrick Chinamasa, attended the 19^th Session at the UN Human Rights Council in March 2012, he made a number of promises to improve the human rights situation, including special attention to women’s rights. But with the Government of National Unity’s poor track record when it comes to respecting human rights, it is questionable if these promises will translate into actual changes on the ground.

In October, 2011, Zimbabwe underwent the Universal Period Review (UPR) at the UN Human Rights Council in Geneva. Chinamasa, accepted a wide range of recommendations aiming to improve the human rights situation in Zimbabwe, including 15 recommendations directly dealing with women’s political participation and prevention of marginalisation and gender-based violence.

Since October, Chinamasa has had some time to think, and in his address to the Human Rights Council on 15^th March he made further promises, such as implementation of domestic policies to prevent political violence; ratification of the Convention Against Torture and operationalizing the Human Rights Commission to enable it to investigate human rights abuses.

Zimbabwe Minister of Justice and Legal Affairs, Patrick Chinamasa, speaking at the 19th Session of the UN Human Rights Council

These words are full of promises of a brighter future for women of Zimbabwe, but knowing the history of the current regime’s disregard of its obligations to protect its citizens and promote human rights and social justice for all, there is limited hope that the words will lead to significant changes for men and women of Zimbabwe.

On the contrary, Zimbabwe’s regime has over the years repeatedly proved that promises and signatures on conventions have very limited impact on the actual actions on ground. The Convention on the Elimination of All Discrimination Against Women (CEDAW) serves as a good example.

Zimbabwe ratified CEDAW in 1991, but at the review by the CEDAW Committee in February this year, it became glaringly clear that the state had done very little to live up to its obligations to protect and promote women’s right to take part in the social, economic and political development of Zimbabwe. Despite rosy words and intentions laid out in the Zimbabwean State Report to the CEDAW Committee, the result of the review showed that in reality very little has been done to protect and promote the rights of women.

Women in Zimbabwe are still to a large extent excluded from influence on equal terms with men, and in addition female politicians and civic activists, associated with the democracy movement, are direct targets of state-sponsored political violence.  No serious efforts have been made to end impunity for perpetrators of political violence and make sure women are free and safe to participate in politics and public life.

In spite of the increased pressure on Zimbabwe’s government based on the international human rights obligations, these are only small steps towards greater respect for the rights of all Zimbabweans.

International human rights treaties and review mechanisms are important ways of identifying and addressing human rights violations, but the only way Zimbabweans will see real improvements on the ground is when people stand up and demand their rights as human beings and as citizens of Zimbabwe. Civil society and the broader democracy movement plays an important role in mobilising and organising Zimbabweans to push for the government to become accountable to its people.

Will Zimbabwe pass the international Human Rights examination today?

If I was the Zimbabwean government I would be shaking; my hands would be sweaty; I would want to pull a sickie and stay at home until it was all over. Zimbabwe is being examined today on its human rights record at the United Nations Universal Periodic Review, in short the UPR.

The UPR is a process which involves a review of the human rights records of all 192 UN Member States every four years. It is an opportunity for each state to declare what actions they have taken to improve the human rights situations and to fulfil their human rights obligations. And today the turn has come to Zimbabwe.

An examination report packed with lies

The Zimbabwean government has handed in a report on the human rights situation in the country to the UN General Assembly in preparation for the review. They mainly blame economic sanctions for the poor economic state of the country, which apparently hinders the government in taking the necessary steps towards guaranteeing human rights. They also claim that there are a number of national frameworks, laws and remedies protecting human rights. Most of these are dubious while others are straight up lies. One examples is “The Criminal Law (Codification and Reform) Act [Chapter 9:23] which, inter alia, criminalises all forms of sexual abuse perpetrated on any individual.”

If this was true, political violence would not be an issue in Zimbabwe. Victims of political rape would simply go to the police and report the incident without being turned away. Today they can’t. The police would report on political violence without being afraid of losing their job. Today they don’t report. And an independent court would put an end to the impunity that exists today. Today impunity is one of the main reasons why political violence is taking place.

Another point the government is making is that, with regards to women, “Zimbabwe has enacted a Domestic Violence Act and created centres for victims of domestic violence.” The group of civil society organizations from Zimbabwe who has also handed in a report to the UN General Assembly with recommendations and concerns are asking, “Are there any measures being undertaken to assist women victims of other forms of violence within the communities?” And I agree with them. Why is the issue of politically motivated violence against women not included in the government’s efforts to improve and protect women’s rights? It looks as thought the government is actively avoiding to touch upon this issue.

Need of investigation of Political Violence

So if the Zimbabwean government is serious about the Criminal Law and the improvement of women’s rights I want to see them investigate and punish the people who has been involved in politically motivated violence. Not only the physical perpetrators, but more importantly the ones who order the violence from above such as politicians, “war veterans”, leaders in the security sector and in the military. As long as there is no government induced investigation of the past 10 years political violence there is no “criminalisation of all forms of sexual abuse perpetrated on any individual.” Nor is there any improvements of women’s rights now or in the future.

Therefore I also agree with the Zimbabwean civil society when asking the government,“how is the Zimbabwean government going to ensure that the justice delivery system facilitates access to justice for all without discrimination?”

Not a word arbitrary arrests and harassment of human rights defenders

Another issue that these civil society organizations point to is the many arbitrary arrests and detention of human rights- and political activists that take place in the country. The Zimbabwean government do not mention these with one word in their report (maybe because there is no way they can be linked to the issue of economic sanctions).

Nor do they mention the restrictive laws on freedom of expression, assembly and association such as the AIPPA (Access to Information and Protection of Privacy Act) and the POSA (Public Order and Security Act). These laws should be reformed together with the Criminal Law Code and the Broadcasting Services Act as long as they are used to limit freedom of assembly, freedom of speech and freedom of opposition to the leading party.

Free and fair elections?

Another critical question asked by the civil society organizations is“What measures are being taken to protect the voter and the vote before, during and after the next elections?“ And I am looking forward to the response for that one. Not in writing or in words, but in action. Is the next election going to be free and fair? In my view it all depends on how all of the above issues are tackled.

There will not be a possibility for a free and fair election in an environment of impunity; police and security sector violence; restrictive laws on human rights activists and on critical voices in general; and lack of a free press.

Unfortunately I doubt that the Zimbabwean government is as nervous as I would be before an exam. Because they will probably pass the test with words and lies. But they will continue to fail in real life where real people are raped, tortured and silenced. And up until now this does not seem to bother them at all.